Deposit return emails to/from the First Minister: EIR release

Information requested

A copy of emails and attachments received and sent by the First Minister's office regarding the forthcoming deposit return scheme from the period 1st October 2021 to 31st December 2021 and a copy of minutes of meetings held with the First Minister or her staff to discuss the forthcoming deposit return system during the period 1st October 2021 to 31st December 2021.

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response to your request

I attach a copy of some of the information you requested.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

An exception under regulation 10(4)(e) of the EIRs applies to some of the information you have requested. Regulation 10(4)(e) allows a Scottish public authority to withhold internal communications. Internal communications between officials and Ministers which contains sensitive information should be able to take place to inform quality policy and decision making.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release because there is an interest in open and transparent government. However, this is outweighed by the public interest in allowing internal communications between officials and Ministers to take place to inform quality policy and decision making and ensure the advice provided is robust and fully considered.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202200318741 - Information released

File type

17 page PDF

File size

446.3 kB